Bill would set notice rules for emergency vehicle industry mergers

Covered businesses would send merger notices and documents to the Pennsylvania attorney general. This covers businesses in Pennsylvania that must file a federal merger notice, and certain transactions involving makers or distributors of fire trucks, ambulances, or emergency service vehicles. Covered industry transactions include mergers, acquisitions, and contracting affiliations. For a deal between a Pennsylvania resident and an out-of-state person, the out-of-state person must have at least $5 million in sales or service revenue from Pennsylvania residents. A party licensed or operating in Pennsylvania must give notice. A person who does not comply could face a civil penalty of up to $500 for each day of noncompliance. Federal notice materials would go to the attorney general when they are filed federally. Notice of a covered industry transaction would be due at least 120 days before its effective date. The chapter would take effect 60 days after enactment.

The attorney general could investigate suspected violations and seek records, testimony, and written answers. The investigation powers cover suspected violations of this chapter or federal antitrust laws the attorney general may enforce. The attorney general must have reason to believe a violation has happened or is happening. A person served with a subpoena or written questions may ask Commonwealth Court to change or cancel the demand. A person generally must comply unless the law or a court order provides otherwise. The chapter would also apply to attorney general actions or proceedings pending on or after the effective date stated for that provision. A person served may petition within five business days or before the subpoena or questions' return date. The chapter would take effect 60 days after enactment; the separate applicability provision would take effect immediately.

People harmed in their business or property could bring an antitrust lawsuit and choose certain forms of payment. A person could sue whether they dealt directly or indirectly with the defendant. The case could proceed as a class action. A plaintiff could choose treble damages or the full overcharge or underpayment amount. The plaintiff would not need to prove individual reliance on the anticompetitive conduct. The chapter would take effect 60 days after enactment.